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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA
In Re: Oil Spill by the Oil Rig MDL NO. 2179“Deepwater Horizon” in the Gulfof Mexico, on April 20, 2010 SECTION J
Applies to: All Cases JUDGE BARBIERMAGISTRATE JUDGE SHUSHAN
REPORT BY THE CLAIMS ADMINISTRATOR OF THE DEEPWATER
HORIZON ECONOMIC AND PROPERTY DAMAGES SETTLEMENT
AGREEMENT ON THE STATUS OF CLAIMS REVIEW
STATUS REPORT NO. 36 DATE AUGUST 31, 2015
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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA
In re: Oil Spill by the Oil Rig MDL NO. 2179“Deepwater Horizon” in the Gulfof Mexico, on April 20, 2010 SECTION J
Applies to: All Cases JUDGE BARBIERMAGISTRATE JUDGE SHUSHAN
REPORT BY THE CLAIMS ADMINISTRATOR OF THE DEEPWATER HORIZONECONOMIC AND PROPERTY DAMAGES SETTLEMENT AGREEMENT ON THE
STATUS OF CLAIMS REVIEW
STATUS REPORT NO. 36, DATED AUGUST 31, 2015
The Claims Administrator of the Deepwater Horizon Economic and Property Settlement
Agreement (Settlement Agreement) submits this Report to inform the Court of the status of the
implementation of the Settlement Agreement as of July 31, 2015. The Claims Administrator will
provide any other information in addition to this Report as requested by the Court.
I. STATUS OF THE CLAIMS REVIEW PROCESSES AND CLAIM PAYMENTS
A. Claim Submissions.
1. Registration and Claim Forms.
The Claims Administrator opened the Settlement Program with needed functions staffed
and operating on June 4, 2012, just over 30 days after the Claims Administrator’s appointment. As
of July 31, 2015, the Claims Administrator’s Office and Vendors (CAO)1 have received 282,278
Registration Forms and 368,230 Claim Forms since the Settlement Program opened on June 4,
2012, as shown in the Public Statistics for the Deepwater Horizon Economic and Property
1 “Claims Administrator’s Office”, as used within this report, refers to the Claims Administrator and, where applicable,Court-Supervised Settlement Program vendors working with and under the Claims Administrator.
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Damages Settlement (Public Report) attached as Exhibit A.2 References throughout this report to
Claim Forms filed are affected similarly.
Of the total Claim Forms submitted and the Claim Forms begun but not fully completed
and submitted, 6.6% were filed within the Seafood Program, 17.9% were filed within the
Individual Economic Loss (IEL) framework, and 37.8% were filed within the Business Economic
Loss (BEL) framework (including Start-Up and Failed BEL Claims). See Ex. A, Table 2.
On December 8, 2014, the United States Supreme Court declined the request for a review
of the Fifth Circuit’s rulings upholding the District Court’s Final Approval Order of the Settlement
Agreement. Accordingly, the Effective Date of the Settlement Agreement was December 8, 2014,
and the final deadline for filing all new claims occurred on June 8, 2015. As such, the Claims
Administrator will close new claim submissions made after June 8, 2015.
2. Minors, Incompetents, and Deceased Claimants.
The table below describes the claims filed on behalf of minors, incompetents, and deceased
claimants in the Settlement Program.
Table 1. Minors, Incompetents, and Deceased Claimants.
StatusNew Since
LastReport
No Longer aMinor/Incompetentor Reclassified asan Estate Since
Last Report
ChangeSince Last
Report
TotalClaimants
A. Minor Claimants1. Claims Filed 0 0 0 55
2. Claims Within GADLReview
0 0 0 5
3. Eligible for Payment 0 0 0 204. Approval Orders Filed 0 N/A 0 20
B. Incompetent Claimants
1. Claims Filed 0 0 0 134
2 Claims Received does not include all Claim Forms that have been received timely in hard copy, as the CAOcontinues to enter those submissions into the Claim Portal. For this reason, the Claims Received figure will not befinal until all of these Claim Forms are processed and recorded.
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2. Claims Within GADLReview
0 0 0 2
3. Eligible for Payment 0 0 0 794. Approval Orders Filed 0 N/A 0 73
C. Deceased Claimants
1. Claims Filed 1 1 0 6652. Eligible for Payment 1 1 0 3303. Approval Orders Filed 11 0 +11 267
3. Third Party Claims.
The CAO receives, processes, and pays the claims and/or liens asserted by attorneys,
creditors, governmental agencies, or other third parties (Third Party Claims) against the payments
to be made by the CAO to eligible claimants under the Settlement Agreement in accordance with
Court Approved Procedure Order No. 1 (as entered September 9, 2012, and amended March 11,
2013).
The CAO requires a third party claimant to submit enforcement documentation soon after
the initial Third Party Claim assertion. If a Third Party Claim assertion does not contain claimant-
identifying information and/or the required enforcement documentation, the CAO sends the third
party claimant an Acknowledgment Notice providing the third party claimant 20 days to submit
the claimant-identifying information and/or the specified documentation required to support the
Third Party Claim. If the third party claimant fails to submit the responsive
information/documentation within 20 days, the CAO disallows the Third Party Claim and issues a
Disallowed Notice to the third party claimant. The CAO issues a Notice of Enforced Third Party
Claim to each claimant and third party claimant as soon as the CAO receives sufficient
enforcement documentation, regardless of where any underlying Settlement Program Claim is in
the review process. The claimant may, but is not required to, object to the Third Party Claim at
this time. After the CAO sends an Eligibility Notice to the affected Settlement Program Claimant
against whom an Enforced Third Party Claim has been asserted (meaning that both the underlying
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claim and the Third Party Claim are payable), the CAO sends the claimant/claimant’s attorney and
the third party claimant a Notice of Valid Third Party Claim, and the claimant has 20 days to notify
the CAO of any objection to the Third Party Claim.
The CAO continues to process and pay Third Party Claims as reflected in Table 2 below.
Table 2. Third Party Claims.
Type ofThird Party Claim
(“TPC”)
TPCsAsserted
TPCsAssertedAgainst
ClaimantsWith a
DHECC ID
TPCsAssertedAgainstPayableClaims
Valid TPCsAssertedAgainstPayableClaims
Claims withTPCs Paid/Ready forPayment(TPClmt)
Claims withTPCs Paid/Ready forPayment(Clmt)
1. Attorney’s Fees 3,061 2,875 587 343 449 800
2. IRS or State TaxLevies
1,110 936 92 72 68 106
3. Individual DomesticSupport Obligations
457 318 124 91 105 135
4.Blanket State-AssertedMultiple DomesticSupport Obligations
4 states N/A N/A N/A 0 0
5. 3rd Party Lien/Writ ofGarnishment
1,094 497 48 23 14 14
6. Claims Preparation/Accounting
4,957 4,781 376 331 267 286
7. TOTAL 10,679 9,407 1,227 860 903 1,3413
The CAO sends a Notice of Third Party Claim Dispute to all parties involved in a disputed
Valid Third Party Claim. If the claimant and third party claimant are unable to resolve their dispute
by agreement and if the dispute is over a Third Party Claim for attorney’s fees or fees associated
with work performed in connection with a Settlement Program Claim, the claimant and third party
claimant may participate in the Court-approved Third Party Claims Dispute Resolution Process
and will receive a Request for Third Party Claim Dispute Resolution Form with the Notice of Third
3 A Third Party Claim can be asserted against one or more Settlement Program claims. Additionally, if the Third PartyClaim amount is in dispute, the CAO pays the claimant the undisputed portion of the Settlement Payment. For thesereasons, this total may not be equal to the total of the two preceding columns.
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Party Claim Dispute. Table 3 provides additional information about participation in the Third
Party Claims Dispute Resolution Process.
Table 3. Third Party Claims Dispute Resolution Process.
Eligible DisputesRequest Forms
Received for EligibleDisputes
RecordsProvided toAdjudicator
DisputesWithdrawn
FinalDecisions4
156 102 71 73 35
If the dispute is over a Third Party Claim asserted by a state or federal agency, the claimant
must resolve the dispute in accordance with the applicable agency’s procedures. If the dispute is
over the amount of a Third Party Claim based on a final judgment of a state or federal court, the
CAO must receive either a written agreement between the parties or a copy of a subsequent
modifying court order to validate the claimant’s objection;5 otherwise, the CAO will issue payment
in satisfaction of the judgment to the third party claimant.
To date, the CAO has removed 2,319 lien holds due to parties releasing their Third Party
Claims or resolving disputes.
B. Claims Review.
The CAO completed its first claim reviews and issued its first outcome notices on July 15,
2012, and its first payments on July 31, 2012. There are many steps involved in reviewing a claim
so that it is ready for a notice.
1. Identity Verification.
The Claimant Identity Verification review is the first step in the DWH claims review
process. The Identity Verification team conducts searches based on the Taxpayer Identification
4 Several factors affect when a Dispute is ripe for the Adjudicator to issue a Final Decision, including whether theAdjudicator has requested additional documentation or granted a Telephonic Hearing.5 For a claimant to object to a Third Party Claim based on a final judgment of a state or federal court, the CAO requiresadditional evidence beyond a mere objection to delay or deny payment of the court-ordered debt.
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Numbers (TIN) of claimants to confirm that both the claimant’s name and TIN exist and
correspond with each other. The Identity Verification team has initiated verifications for 249,802
claimants. Of those, the CAO has matched the TIN and claimant’s name to public records
databases and verified identity for 138,493 claimants from the initial query through LexisNexis
and/or Dun & Bradstreet. The CAO has reviewed the remaining 111,309 claimants to determine
whether claimant identity could be verified after searching for typographical errors and name
changes or after reviewing official documentation from the Internal Revenue Service or Social
Security Administration. Of the remaining 111,309 claimants, the CAO has verified the identity
of 96,433.
If the CAO cannot verify a claimant’s identity after review, but it appears that additional
documentation may allow the CAO to verify the claimant’s identity, the CAO issues a Verification
Notice to the claimant requesting such documentation. Verification Notice types include an SSN
Notice, an ITIN Notice, and an EIN Notice. Claimants may receive more than one type of
Verification Notice depending on the claimant’s Taxpayer Type or if the claimant requests a
change in his Taxpayer Type or TIN.
The CAO reviews the documentation that claimants submit in response to the Verification
Notice to determine whether it is sufficient to verify identity. The table below contains information
on the number of claimants verified by the CAO during an initial Identity Verification review, in
addition to the type and number of TIN Verification Notices issued when the CAO could not verify
identity after the initial review.
Table 4. Identity Verification Review Activity.
Claimant StatusTotal
Claimants
Total ClaimantsVerified AfterReview/Notice
ClaimantsRemaining to be
Verified
1. Under Review 8,341 N/A 8,341
2. Verified During Review 77,047 77,047 N/A
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The following table contains information about the average time in days for claimants to
provide documentation sufficient to verify the claimant’s identity after receiving a Verification
Notice.
When a claimant submits a Subsistence claim stating that he or she fished or hunted to
sustain his or her basic personal and/or family’s dietary needs, the CAO verifies the identities of
the claimed family members. To do so, the CAO attempts to match each claimed family member’s
name and TIN to ensure that the family member exists and that the family member was not
deceased prior to or at the time of the Spill or is not an overlapping dependent already identified.
The CAO first attempts to match each family member’s name and TIN to public records databases
through LexisNexis. To date, the CAO has sent 95,521 family members’ names and TINs,
associated with 30,078 claims, to LexisNexis for verification. If a claimed family member’s
identity cannot be verified through LexisNexis, the CAO reviews the claim file to determine
whether the claimed family member’s identity can be verified using information contained within
the file. After each claimed family member’s identity has been verified or reviewed, the
Subsistence team reviews the claim to determine eligibility for payment.
3. SSN Notice Issued After Review 5,217 2,594 2,623
4. ITIN Notice Issued After Review 415 358 57
5. EIN Notice Issued After Review 19,876 16,206 3,670
6. SSN & ITIN Notice Issued After Review 4 2 2
7. EIN & ITIN Notice Issued After Review 44 31 13
8. EIN & SSN Notice Issued After Review 360 191 169
9. EIN, ITIN & SSN Notice Issued After Review 5 4 1
10. Total 111,309 96,433 14,876
Table 5. Average Time to Cure Verification Notice.
Notices Type Average Days to Cure1. SSN Notice 55
2. ITIN Notice 31
3. EIN Notice 40
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2. Employer Verification Review (EVR).
The EVR process ensures that all employees of the same business are treated uniformly
and that each business is placed in the proper Zone. The reviewer performs the analysis necessary
to assign the proper NAICS code to a business. The EVR team has completed the EVR analysis
for 280,410 businesses and rental properties.
From July 1, 2015, through July 31, 2015, the team completed the EVR process for 4,152
businesses and rental properties, and 3,355 business and rental properties were identified for
review. The CAO continues to perform the EVR for new businesses and rental properties on a
first-in, first-out basis.
3. Exclusions.
The Exclusions review process ensures that claims and claimants excluded under the
Settlement Agreement are appropriately denied. The Exclusions team guides the reviewers and
the EVR team when questions arise during the Exclusion review. Table 7 below shows the number
of Denial Notices issued to date for each Exclusion Reason and the team responsible for making
such a determination.
6 The number of Claims and Family Members reviewed in July 2015 shows a decrease as compared to the number ofreviews completed in June 2015. Claimants who later requested Re-Review or Reconsideration were moved backinto review and are therefore no longer considered completed reviews
Table 6. Subsistence Family Member Identity Verification Activity.
AwaitingReview
Change fromLast Report Reviewed Change from
Last Report6
1. Number of Claims 109 63 17,513 -19
2. Number of Family Members 1,090 828 74,202 -309
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Table 7. Exclusions.
Exclusion Reason TeamResponsible
DenialNotices
Since LastReport
TotalDenialNotices
1. GCCF Release
Exclusions
363 8,853
2. BP/MDL 2179 Defendant 2 443
3. US District Court for Eastern District of LA 0 23
4. Not a Member of the Economic Class
ClaimsReviewers
31 522
5. Bodily Injury 0 6
6. BP Shareholder 0 9
7. Transocean/Halliburton Claim 0 0
8. Governmental Entity
EVR
4 900
9. Oil and Gas Industry 9 1,458
10. BP-Branded Fuel Entity 2 268
11. Menhaden Claim 1 27
12. Financial Institution 5 373
13. Gaming Industry 7 750
14. Insurance Industry 7 268
15. Defense Contractor 4 402
16. Real Estate Developer 5 492
17. Trust, Fund, Financial Vehicle 1 21
18. Total Denial Notices from Exclusions 441 14,815
4. Claimant Accounting Support Reviews.
A special team handles Claimant Accounting Support (CAS) reviews. CAS reimbursement
is available under the Settlement Agreement for IEL, BEL, and Seafood claims. After a claim has
been determined to be payable and the Compensation Amount has been calculated, the CAS team
reviews accounting invoices and CAS Sworn Written Statements submitted by the claimant. Table
8 includes information on the number of CAS reviews the CAO has completed to date, whether
the Accounting Support documentation was complete, and the dollar amounts reimbursed for each
Claim Type.
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Table 8. Claimant Accounting Support.
ClaimType
CAS Review Results Total CASReview Results
CAS Dollar AmountReimbursedComplete Incomplete
SinceLast
Report
Totalto Date
SinceLast
Report
Totalto Date
SinceLast
Report
Totalto Date
Since LastReport Total to Date
1. BEL 828 19,769 110 2,635 938 22,404 $1,285,777.43 $26,863,761.31
2. IEL 20 3,306 12 741 32 4,047 $3,896.09 $406,995.87
3. Seafood 7 3,945 -37 831 4 4,776 $2,874.89 $1,611,688.14
4. TOTAL 855 27,020 119 4,207 974 31,227 $1,292,548.41 $28,882,445.32
5. Quality Assurance Review.
The Quality Assurance (QA) process addresses three fundamental needs of the Settlement
Program: (a) it ensures that all claims reviewed within the system environment are reviewed in
accordance with the provisions of the Settlement Agreement by targeting anomalous claim results
through data metrics analysis; (b) it provides a mechanism to monitor reviewer performance and
the tools necessary to efficiently and effectively provide feedback to reviewers; and (c) it identifies
areas of review resulting in high discrepancy rates that require retraining or refined review
procedures and data validations.
The CAO has implemented a reviewer follow-up process for all claim types reviewed
within the system environment. The CAO provides daily follow-up to reviewers in the event a
QA review of a particular claim produces a result different than that of the original review. The
CAO also identifies specific reviewers who may require retraining and whether there are issues
that warrant refresher training for all reviewers. Table 9 shows, by Claim Type, the number of
claims identified for QA review, as well as the number of QA reviews which were completed, the
number in progress, and the number awaiting review.
7 The decrease in Incomplete Reviews Results are from three Seafood claims that the Claims Administrator haddetermined were not Incomplete for CAS Reimbursement prior to July.
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Table 9. Quality Assurance Reviews.8
Claim TypeTotal ReviewsNeeding QA
To Date
QAReviews
Completed
% of QAReviews
Completed
QAReviews inProgress
ClaimsAwaiting
QA Review
QA ReviewsCompletedSince Last
Report
1. Seafood 25,547 25,453 99.6% 52 42 14
2. IEL 37,495 36,214 96.6% 535 746 414
3. BEL 43,331 42,695 98.5% 285 351 1,247
4. Start-Up BEL 3,736 3,664 98.1% 45 27 127
5. Failed BEL 3,205 3,140 98.0% 25 40 105
6. Coastal RP 23,644 23,554 99.6% 33 57 379
7. Wetlands RP 11,304 10,973 97.1% 93 238 631
8. RPS 1,014 1,014 100.0% 0 0 14
9. Subsistence 71,955 66,273 92.1% 611 5,071 1,120
10. VoO 8,036 8,028 99.9% 6 2 27
11. VPD 1,619 1,603 99.0% 1 15 36
12. TOTAL 230,886 222,611 96.4% 1,686 6,589 4,114
6. Claim Type Review Details.
Table 10 provides information, by Claim Type, on the number of claims filed, the number
of claims that have been reviewed to Notice, the number of claims remaining to be reviewed to
Notice, and the number of claims reviewed to either a Notice or “Later Notice” to date. Table 10
divides the claims reviewed to a “Later Notice” into separate sections: (1) claims receiving a
Notice based on CAO review following the submission of additional materials by a claimant in
response to an Incompleteness Notice, and (2) claims receiving a Notice following a
Reconsideration review conducted by the CAO.
8 Table 9 only includes system generated data that arise from Quality Assurance reviews of initial claim reviews thatare performed within the confines of the system environment. Separate from the initial claim review, there arenumerous ancillary steps within the overall claim review process in which Quality Assurance activities and measuresare performed outside of the system environment.
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Table 10. Throughput Analysis of Claims Filed and Notices Issued.
A. Claims Reviewed to First Notice
Claim Type
Status of All Claims Filed Productivity From 7/1/15Through 7/31/15
TotalClaims
Filed ToDate9
Reviews Completedto Notice or Closed
Claims Remainingto Review
NewClaimsFiled9
Avg.Daily
ClaimsFiled
ReviewsCompleted
to FirstNotice
Avg.Daily
Reviewsto FirstNotice
1. Seafood 24,911 24,618 98.8% 293 1.2% 64 2 20 <1
2. IEL 60,328 43,921 72.8% 16,407 27.2% 674 22 349 11
3. IPV/FV 381 356 93.4% 25 6.6% 5 <1 34 1
4. BEL 129,655 87,355 67.4% 42,300 32.6% 1,074 35 2,370 76
5. Start-Up BEL 7,333 5,592 76.3% 1,741 23.7% 235 8 156 5
6. Failed BEL 5,226 3,996 76.5% 1,230 23.5% 175 6 121 4
7. Coastal RP 41,202 38,917 94.5% 2,285 5.5% 269 9 443 14
8. Wetlands RP 25,647 13,625 53.1% 12,022 46.9% 434 14 664 21
9. RPS 2,094 1,963 93.7% 131 6.3% 59 2 62 2
10. Subsistence 61,019 34,266 56.2% 26,753 43.8% 8,335 269 1,422 46
11. VoO 8,896 8,826 99.2% 70 0.8% 13 <1 29 <1
12. VPD 1,538 1,497 97.3% 41 2.7% 7 <1 40 1
13. TOTAL 368,230 264,932 71.9% 103,298 28.1% 11,344 366 5,710 184
B. Claims Reviewed to Later Notice
Claim Type
Initial or PreliminaryIncompleteness Response
Follow-Up IncompletenessResponses
Requests forReconsideration
TotalResponses
ClaimswithLaterNotice
RemainingClaims
TotalResponses
ClaimswithLaterNotice
RemainingClaims
TotalRequests
Claimswith
LaterNotice
RemainingClaims
1. Seafood 5,957 5,528 429 2,873 2,671 202 3,968 3,575 393
2. IEL 17,824 16,024 1,800 9,336 8,287 1,049 6,455 5,790 665
3. IPV/FV 106 100 6 38 37 1 42 39 3
4. BEL 46,192 32,338 13,854 21,945 14,608 7,337 12,392 8,733 3,659
5. Start-Up BEL 3,047 2,459 588 1,878 1,393 485 1,111 790 321
6. Failed BEL 1,356 1,072 284 864 602 262 762 618 144
7. Coastal RP 5,933 5,751 182 1,705 1,667 38 2,110 2,089 21
8. Wetlands RP 694 500 194 155 109 46 1,013 762 251
9. RPS 359 354 5 125 123 2 237 233 4
10. Subsistence 11,129 7,491 3,638 4,246 2,877 1,369 2,169 1,291 878
9 Claims Received does not include all Claim Forms that have been received timely in hard copy, as the CAOcontinues to enter those submissions into the Claim Portal. For this reason, the Claims Received figure will not befinal until all of these Claim Forms are processed and recorded.
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Table 10. Throughput Analysis of Claims Filed and Notices Issued.
11. VoO 964 944 20 405 393 12 636 627 9
12. VPD 795 757 38 366 349 17 268 250 18
13. TOTAL 94,356 73,318 21,038 43,936 33,116 10,820 31,163 24,797 6,366
C. Claim Payments.
1. Notices and Payments.
Tables 4 and 5 of the Public Report attached in Exhibit A provide detail on the notices and
payments issued to date. As of July 31, 2015, the CAO has issued 102,078 Eligibility Notices to
unique claims with Payment Offers totaling $6.32 billion. As of that date, the CAO has made
$5.61 billion in payments on 94,615 claims.
2. Claimants in Bankruptcy.
The CAO reviews each claimant who indicates an open bankruptcy on the Registration
Form (Debtor Claimant) to determine whether the claimant has submitted sufficient documentation
from the applicable bankruptcy court to issue payment. If the CAO determines that the claimant
is not a Debtor Claimant per the Procedure for Disposition of Claims by Claimants in Bankruptcy
(Proc-445), or if the claimant submits sufficient documentation for the CAO to issue payment on
all active claims, the CAO will remove the Bankruptcy Hold.
Table 11 provides information about the status of claimants identified as Debtor Claimants,
including information on notices issued to those claimants.
Table 11. Claimants in Bankruptcy.
1. Identified Claimants in Bankruptcy Total Change Since LastReport
(a) Claimants with Active Bankruptcy Holds 2,334 +17(b) Claimants with Removed Bankruptcy Holds 1,273 +28
2. Bankruptcy Notices Issued Total Change Since LastReport
(a) Debtor Claimant in Bankruptcy Notices 491 +19(b) Bankruptcy Trustee Communication Notices 109 +4
(c) Bankruptcy Trustee Informational Notices 81 +2
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D. Re-Reviews, Reconsiderations, and Appeals.
1. Re-Reviews and Outcomes.
The CAO implemented a Re-Review process beginning on January 18, 2013, that provides
claimants with the opportunity to request a Re-Review of their claim within 30 days of the issuance
of an Eligibility or Denial Notice if the claimant has additional documentation not previously
submitted to support its claim. Following a Re-Review, claimants receive a Post Re-Review
Notice, from which they may then request Reconsideration if they wish. To date, there have been
115,025 Eligibility or Denial Notices issued from which claimants can or could seek Re-Review.
Of those, the window to seek Re-Review has passed or Re-Review has been requested for 112,518
claims. Of those, claimants have requested Re-Review of 13,048 claims. Thus, the rate of Re-
Review from all final determinations is 11.6%. The rate of Re-Review from Eligibility Notices is
8.1%, while the rate of Re-Review from Denial Notices is 21.0%.
Table 12 summarizes the Re-Reviews the CAO has completed, the number of Post Re-Review
Notices the CAO has issued, and whether the outcome of the Re-Review resulted in an award that
was higher than (↑), lower than (↓),or the same as (↔) the outcome previously issued. The table
also includes information on whether an original Exclusion Denial was confirmed or overturned
on Re-Review.
Table 12. Re-Reviews.
A. Re-Review Requests and Reviews
Claim Type Requests Received ToDate
Reviews Completed To Date
TotalCompletedSince LastReport10
AverageWeeklyReviews
1. Seafood 883 842 11 6
2. IEL 930 851 -4 7
10 The IEL Total number of Re-Review reviews completed decreased by four claims as compared to the reviewscompleted in June 2015 because the Claims Administrator determined that these claims required an additionalreview prior to issuing a Post-Re-Review Notice.
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3. IPV/FV 13 12 0 <1
4. BEL 4,341 3,441 142 27
5. Start-Up BEL 340 248 25 2
6. Failed BEL 255 222 7 2
7. Coastal RP 1,084 1,062 10 8
8. Wetlands RP 1,709 1,359 73 10
9. RPS 107 106 8 <1
10. Subsistence 3,273 1,601 574 12
11. VoO 61 61 0 <1
12. VPD 52 48 1 <1
13. TOTAL 13,048 9,853 847 76
B. Re-Review Notices Issued
Claim Type
Notices Issued orClaims Closed Outcome of Re-Review Notice
Totalto Date
WeeklyAverage
CompensationAmount for
Eligible Claims11Exclusions/Denials
↑ ↓ ↔ Confirmed Overturned
1. Seafood 824 6 430 41 239 109 5
2. IEL 829 6 201 86 263 272 7
3. IPV/FV 12 <1 0 0 0 12 0
4. BEL 3,374 26 1,012 123 237 1,981 21
5. Start-Up BEL 236 2 29 8 6 192 1
6. Failed BEL 220 2 2 5 1 212 0
7. Coastal RP 1,055 8 48 4 128 838 37
8. Wetlands RP 904 7 35 9 37 815 8
9. RPS 104 <1 1 0 3 87 13
10. Subsistence 616 5 353 119 101 43 0
11. VoO 60 <1 7 5 17 29 2
12 VPD 47 <1 20 1 13 12 1
13. TOTAL 8,281 64 2,138 401 1,045 4,602 95
2. Reconsideration Reviews and Outcomes.
To date, there have been 213,784 Eligibility, Denial, or Incompleteness Denial Notices
issued from which claimants can or could seek Reconsideration. Of those, the window to seek
11 The IEL total number of reduced awards after Re-Review decreased by one claim as compared to the numberreviewed in June 2015 because multiple Claimants provided additional documentation after receiving the Noticewith a decreased award. The Claims Administrator reviewed this additional documentation and issued a new Noticewith an Award that either increased or remained the same as compared to the original offer.
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Reconsideration has passed or Reconsideration has been requested for 208,068 claims. Of those,
claimants have requested Reconsideration of 31,163 claims. Thus, the rate of Reconsideration
from all final determinations is 15.0%. The rate of Reconsideration from Eligibility Notices is
4.8%, while the rate of Reconsideration from Denial, or Incompleteness Denial Notices is 25.4%.
Table 13 summarizes the Reconsiderations the CAO has completed, the number of Post-
Reconsideration Notices the CAO has issued, and whether the outcome of the Reconsideration
review resulted in an award that was higher than (↑), lower than (↓), or the same as (↔) the
outcome previously issued. The table also includes information on whether an original Exclusion
Denial was confirmed or overturned on Reconsideration.
Table 13. Reconsideration.
A. Reconsideration Requests and Reviews
Claim Type Requests ReceivedTo Date
Reviews Completed To Date
TotalCompletedSince LastReport12
AverageWeeklyReviews
1. Seafood 3,968 3,649 -2 25
2. IEL 6,455 5,999 29 42
3. IPV/FV 42 39 0 <1
4. BEL 12,392 9,045 759 63
5. Start-Up BEL 1,111 816 69 6
6. Failed BEL 762 638 36 4
7. Coastal RP 2,110 2,091 9 14
8. Wetlands RP 1,013 829 61 6
9. RPS 237 234 3 2
10. Subsistence 2,169 1,628 287 11
11. VoO 636 631 0 4
12. VPD 268 260 1 2
13. TOTAL 31,163 25,859 1,252 179
B. Reconsideration Notices Issued
12 The Seafood Compensation Program total number of reviews completed to date decreased by two as compared tothe number reviewed in June 2015 because multiple Claimants received a new Notice and requested Reconsiderationof the new Notices. The Claims Administrator will mark these claims again as complete once these additionalReconsideration reviews are finalized.
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Table 13. Reconsideration.
Claim Type
Notices Issued orClaims Closed Outcome of Reconsideration Notice13
Total toDate
WeeklyAverage
CompensationAmount for Eligible
ClaimsExclusions/Denials
↑ ↓ ↔ Confirmed Overturned1. Seafood 3,575 23 776 174 487 1,755 383
2. IEL 5,790 38 165 112 434 3,632 1,447
3. IPV/FV 39 <1 0 0 0 38 1
4. BEL 8,733 57 476 183 319 4,181 3,574
5. Start-Up BEL 790 5 11 13 13 431 322
6. Failed BEL 618 4 0 8 8 491 111
7. Coastal RP 2,089 14 98 26 419 1,269 277
8. Wetlands RP 762 5 38 3 65 630 26
9. RPS 233 2 1 0 4 206 22
10. Subsistence 1,291 8 111 20 41 735 384
11. VoO 627 4 58 6 122 383 58
12 VPD 250 2 48 5 17 113 67
13. TOTAL 24,797 161 1,782 550 1,929 13,864 6,672
3. Appeals.
(a) BP Appeals.
To date, the CAO has issued 26,137 Eligibility Notices that meet or exceed the threshold
amount rendering them eligible for appeal by BP. Of those, BP has either filed an appeal or the
deadline for BP to file an appeal has passed for 25,826 Notices. Of those 25,826 Notices, BP has
filed 6,668 appeals, a 25.8% appeal rate. Table 14 provides summary information on the status of
BP appeals.
Table 14. Status of BP Appeals.
A. Appeal Filing/Resolution
Status As of LastReport
Since LastReport Total
1. BP Appeals Filed 6,489 179 6,6682. Resolved Appeals 5,998 214 6,212
13 Changes to the figures related to outcomes of Reconsideration Notices as compared to the previous outcomes area result of multiple claimants receiving new Notices and subsequently requesting further Reconsideration, whichresulted in the removal of the claim associated with these new Reconsideration requests from this Report.
Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 18 of 26
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Table 14. Status of BP Appeals.(a). Resolved by Panel Decision 2,399 98 2,497
(b). Resolved by Parties 955 67 1,022
(c). Remand to Claims Administrator 159 28 187
(d). Administratively Closed 423 0 423
(e). Withdrawn 385 16 401
(f). Inactive Under Reconsideration/Re-Review
232 5 237
(g). Return for Review Under Policy 495 1,445 0 1,445
B. Pending Appeals1. In “Baseball” Process 235
2. Submitted to Panel 100
3. Under Discretionary Court Review 121
4. TOTAL PENDING 456
(b) Claimant Appeals.
Before a claimant may file an appeal, the claimant must request Reconsideration and
receive a Post-Reconsideration Eligibility or Denial Notice. To date, the CAO has issued 10,197
Post-Reconsideration Eligibility and Denial Notices. Of those, the claimant has either filed an
appeal or the deadline for the claimant to file an appeal has passed for 9,975 Notices. Of those
9,975 Notices, claimants have filed 2,180 appeals, a 21.9% appeal rate. Of the 2,180 claimant
appeals, 1,548 are appeals of Post-Reconsideration Denial Notices, while 632 are appeals of Post-
Reconsideration Eligibility Notices. Table 15 provides summary information on the status of
Claimant Appeals.
Table 15. Status of Claimant Appeals.
A. Appeal Filing/Resolution
Status As of LastReport
Since LastReport Total
1. Claimant Appeals Filed 2,119 61 2,180
2. Resolved Appeals 1,719 42 1,761
(a). Resolved by Panel Decision 1,350 32 1,382
(b). Resolved by Parties 90 1 91
(c). Remand to Claims Administrator 71 10 81
Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 19 of 26
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Table 15. Status of Claimant Appeals.
A. Appeal Filing/Resolution
Status As of LastReport
Since LastReport Total
(d). Administratively Closed 68 -114 67
(e). Withdrawn 50 0 50
(f). Return for Review Under Policy 495 90 0 90
A. Pending Appeals
1. In “Baseball” Process 26
2. In “Non-Baseball” Process 263
3. Submitted to Panel 29
4. Under Discretionary Court Review 101
5. TOTAL PENDING 419
(c) Resolved Appeals.
As reported in the table below, 7,973 appeals have been resolved. Table 16 provides a
summary of these resolved appeals by Claim Type. The comparison between the Post-Appeal
Award Amount and the Award Amount within the original notice does not take into consideration
the 5.0% increase in compensation that a claimant who prevails upon appeal receives.
Table 16. Outcome After Appeal.
Claim Type
Appeals Settled or Decided by Panel
With-drawn
Admin.Closed
InactiveUnder
Recon./Re-Review
Return forReviewUnder
Policy 495
TotalCompensation Amount Following Appeal
Compared to That of Original Notice
Higher Lower Same DenialUpheld
DenialOver-turned
Remand
1. Seafood 76 22 161 50 4 22 52 9 9 0 405
2. IEL 27 68 121 108 15 49 15 22 8 0 433
3. IPV/FV 0 0 0 1 1 0 0 1 0 0 3
4. BEL 64 1,132 2,014 407 88 174 332 438 204 1,535 6,388
5. Coastal RP 37 1 25 157 7 2 8 8 0 0 245
6. WetlandsRP
3 10 6 52 2 0 3 3 16 0 95
7. RPS 0 6 21 39 0 1 5 2 0 0 74
14 The total number of claims Administratively Closed decreased by one as compared to the number in June 2015because one claimant subsequently paid its outstanding Appeal Fee, which moved the appeal to the Pending category.
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Table 16. Outcome After Appeal.
Claim Type
Appeals Settled or Decided by Panel
With-drawn
Admin.Closed
InactiveUnder
Recon./Re-Review
Return forReviewUnder
Policy 495
TotalCompensation Amount Following Appeal
Compared to That of Original Notice
Higher Lower Same DenialUpheld
DenialOver-turned
Remand
8. Subsistence 1 1 9 1 0 3 0 3 0 0 18
9. VoO 16 32 47 57 20 5 28 4 0 0 209
10. VPD 2 29 32 20 0 12 8 0 0 0 103
11. TOTAL 226 1,301 2,436 892 137 268 451 490 237 1,535 7,973
(d) Incompleteness Appeals.
The Appeal for Insufficient Documentation (Incompleteness Appeal) allows Economic
Class Members to have their claims reviewed by a separate Documentation Reviewer when the
CAO denies their claims because of insufficient documentation. The Documentation Reviewer
reviews the claimant’s documentation to determine whether the Settlement Program correctly
denied the claim.
Before sending the claim to the Documentation Reviewer, the CAO reviews the appeal
request along with any newly submitted documents. If the claimant has submitted the requested
documentation and cured the incompleteness, the CAO issues the appropriate Notice. If the
claimant still has not submitted the requested documentation, the CAO sends the claim to the
Documentation Reviewer for review.
Before a claimant may file an appeal of an Incompleteness Denial, the claimant must
request Reconsideration and receive a Post-Reconsideration Incompleteness Denial Notice. To
date, the CAO has issued 7,559 Post-Reconsideration Incompleteness Denial Notices. Of those,
the claimant’s appeal deadline has passed or an appeal has been filed for 7,299 Notices. Of the
7,299 Notices eligible for appeal, 3,556 (48.7%) appeal requests have been filed. Table 17
provides summary information on the status of Incompleteness Appeals.
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Table 17. Incompleteness Appeals.
A. Incompleteness Appeal Filing/Resolution
StatusAs of Last
ReportSince Last
ReportTotal
1. Incompleteness Appeals Filed 3,358 198 3,5562. Appeals Resolved 2,184 64 2,248
(a). Withdrawn/Closed Claims 22 1 23
(b). Cured 545 51 596
(c). Incompleteness Denial Affirmed 1,542 8 1,550
(d). Incompleteness Denial Overturned 75 4 79
B. Pending Incompleteness Appeals
3. In Pre-Documentation Reviewer Process 9534. Currently Before Documentation Reviewer 355
5. TOTAL PENDING 1,308
(e) Fifth Circuit Appeals.
As a result of decisions handed down by the United States Court of Appeals for the Fifth
Circuit (the “Fifth Circuit”) on May 8, 2015, the Parties now have the right to notice further appeals
to the Fifth Circuit from rulings made by the District Court on discretionary review of individual
claims. The CAO has substantially finalized procedures with the District Court to implement and
facilitate the Fifth Circuit’s rulings since changes were required with respect to the docketing of
discretionary review requests and rulings, and the creation of appeal records.
E. Seafood Supplemental Distribution
The Settlement Agreement calls for BP to finance a $2.3 billion Seafood Compensation
Program Settlement Fund. The Settlement Agreement states that any balance available after the
first distribution will be distributed to each claimant in proportion to the claimant’s gross
compensation, unless the Court-Appointed Seafood Neutrals recommend a different formula. On
September 19, 2014, the Seafood Neutrals submitted to the Court their Recommendations for the
Seafood Compensation Program Supplemental Distribution (which can be located on the
Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 22 of 26
22
Settlement Program’s Website). On November 18, 2014, the Court approved the Seafood
Supplemental Distribution formula established under the Court-Designated Neutrals’
Recommendations for Seafood Compensation Program Supplemental Distribution. The Court
approved a partial Supplemental Distribution targeted at $500 million of the remaining
undistributed portion of the aggregate $2.3 billion fund for the Seafood Compensation Program.
Payments will be disbursed in multiple phases.
The Seafood Neutrals also recommended that if a claimant or BP disagrees with a
claimant’s award in Round Two, the challenge must be limited to whether the formulas described
in Sections II (A) and III (F) of the Recommendations were properly implemented with respect to
the individual claim at issue. The Seafood Neutrals also recommended that the Claims
Administrator have the discretion and authority to promulgate procedural and evidentiary rules as
well as limit and define appellate rights. On November 18, 2014, the Court approved the Seafood
Neutrals’ Recommendations in full, and on December 29, 2014, the Claims Administrator
promulgated Rules Governing the Seafood Supplemental Distribution Calculation Objection
Process pursuant to the Court-approved Seafood Neutrals’ recommendations.
As of July 31, 2015, the Settlement Program has issued 4,268 Seafood Supplemental
Distribution Eligibility Notices for a total Supplemental Distribution Value of $429,576,959. The
Seafood Supplemental Distribution Notices are included in the report where appropriate. As of
July 31, 2015, the Settlement Program issued payments of $389,951,499 from the Supplemental
Distribution to 3,482 claimants.
II. CLAIMANT OUTREACH EFFORTS
The CAO has continued its claimant outreach efforts since the previous Court Status Report
as detailed below.
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A. Law Firm Contacts.
The Law Firm Contact Team continued multiple outreach campaigns for both claim and
claimant level issues. The team conducted weekly outreach regarding missing documentation
required for payment. The Law Firm Contact Team continued daily outreach assignments
regarding the Form 4506 and 4506-T process and to request Identity Verification
documentation. The Law Firm Contact Team continues to assist firms by providing information
concerning claim statuses and claim determinations, and assists reviewers by answering questions
and resolving missing required documentation through outreach.
B. Claimant Communications Center (CCC).
The CCC continued with a variety of outreach campaigns for all claim types. Agents
continued outreach to pro se claimants who submitted insufficient Forms 4506 and/or 4506-T, in
addition to outreach to ensure proper claim filing prior to the final Claim Filing deadline. The
team continued outreach related to Identity Verification. CCC agents continued to field calls from
pro se claimants and authorized business representatives with questions concerning claim statuses
and notices.
C. Summary of Outreach Calls.
Table 18 summarizes some of the Claimant Outreach Program efforts as of July 31, 2015.
Table 18. Outreach Call Volume.
Location CallsMade
IncompleteClaims
Affected
ClaimsWith NewDocs After
Call
% ofClaims
With NewDocs After
Call
ClaimantsVisiting
CAC AfterCall
% ofClaimants
VisitingCAC
After Call
1. BrownGreer 188,698 42,436 33,723 79.5% 14,238 33.6%
2. Garden City Group 74,277 8,969 6,876 76.7% 755 8.4%
3. P&N 79,100 19,810 18,276 92.3% 337 1.7%
4. PwC 815 376 368 97.9% 12 3.2%
5. TOTAL 342,890 71,591 59,243 82.8% 15,342 21.4%
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III. CONCLUSION
The Claims Administrator offers this Report to ensure that the Court is informed of the
status of the Settlement Program to date. If the Court would find additional information helpful,
the Claims Administrator stands ready to provide it at the Court’s convenience.
_____/s/ Patrick Juneau__PATRICK A. JUNEAUCLAIMS ADMINISTRATOR
Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 25 of 26
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CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing pleading has been served on All Counsel by
electronically uploading the same to LexisNexis File & Serve in accordance with Pretrial Order
No. 12, and that the foregoing was electronically filed with the Clerk of Court of the United States
District Court for the Eastern District of Louisiana by using the CM/ECF System, which will send
a notice of electronic filing in accordance with the procedures established in MDL 2179, on this
31st day of August, 2015.
_____/s/ Patrick Juneau__PATRICK A. JUNEAUCLAIMS ADMINISTRATOR
Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 26 of 26
Public Statistics for the Deepwater Horizon Economic and Property Damages Settlement August 1, 2015
Claims Administrator Patrick Juneau has announced that the Settlement Program began issuing payments on July 31, 2012, and has been issuing outcome Notices since July 15, 2012. The Program will issue Notices on a rolling basis as we com plete reviews, and they will in clude Eligibility Notices, Incompleteness Notices, and Denial Notices. Each Notice will provide information explaining the outcome. We will post Notices on the secure DWH Portal for any law firm or unrepresented claimant who uses the D WH Portal. We will notify firms and unrepresented claimants by email at the end of each d ay if we have p osted a Notice that day. Firms and unrepresented claimants may then log onto the DWH Portal to see a copy of the Notice(s). Law Firms or claimants who do not use the DWH Portal will receive Notices in the mail. Claimants who receive an Eligibility Notice and qualify for a payment will receive that payment after all appeal periods have passed, if applicable, and the claimant has submitted all necessary paperwork, including a fully executed Release and Covenant Not to Sue.
Table 1
Filings by State of Residence
State
Registration Forms Claims Form Begun
Form Submitted Total % Form
Begun Form
Submitted
Total % 1. Alabama 1,017 49,720 50,737 17.3% 1,954 61,463 63,417 16.5%2. Florida 2,159 87,990 90,149 30.7% 6,054 101,639 107,693 28.0%3. Louisiana 2,382 77,289 79,671 27.1% 4,036 107,572 111,608 29.1%4. Mississippi 614 37,765 38,379 13.1% 1,244 43,604 44,848 11.7%5. Texas 312 13,000 13,312 4.5% 587 19,178 19,765 5.2%6. Other 5,230 16,514 21,744 7.4% 1,912 34,774 36,686 9.6%7. Total 11,714 282,278 293,992 100.0% 15,787 368,230 384,017 100.0%
Chart 1: Filings by State of Residence
Table 2
Number of Claims by Claim Type
Claim Type Claims
Unique Claimants
with Form Submitted Form Begun Form Submitted Total %
1. Seafood Compensation Program 413 24,911 25,324 6.6% 10,532
2. Individual Economic Loss 8,287 60,328 68,615 17.9% 58,208
3. Individual Periodic Vendor or Festival Vendor Economic Loss
256 381 637 0.2%
375 4. Business Economic Loss 2,317 129,655 131,972 34.4% 93,205
5. Start-Up Business Economic Loss 295 7,333 7,628 2.0% 5,929
6. Failed Business Economic Loss 275 5,226 5,501 1.4% 4,533
7. Coastal Real Property 1,053 41,202 42,255 11.0% 28,548
8. Wetlands Real Property 383 25,647 26,030 6.8% 4,450
9. Real Property Sales 250 2,094 2,344 0.6% 1,598
10. Subsistence 2,093 61,019 63,112 16.4% 60,606
11. VoO Charter Payment 85 8,896 8,981 2.3% 6,281
12. Vessel Physical Damage 80 1,538 1,618 0.4% 1,302
13. Total 15,787 368,230 384,017 100.0% 254,260
Page 1 of 6
Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 1 of 6
Chart 2: Number of Claims by Claim Type
Filings by Claimant Assistance Center
Table Claimant Assistance Registration Forms Claims
3 Center Form Begun
FormSubmitted Total % Form
BegunForm
Submitted Total %
1. Apalachicola, FL 27 1,507 1,534 4.5% 39 2,168 2,207 5.4%2. Bay St. Louis , MS 8 612 620 1.8% 26 756 782 1.9%3. Bayou La Batre, AL 15 1,029 1,044 3.1% 45 1,126 1,171 2.9%4. Biloxi , MS 34 1,854 1,888 5.6% 75 2,405 2,480 6.0%5. Bridge City, TX 3 421 424 1.3% 16 792 808 2.0%6. Clearwater, FL 65 2,906 2,971 8.8% 300 2,727 3,027 7.4%7. Cut Off, LA 14 625 639 1.9% 26 912 938 2.3%8. Fort Myers, FL 0 116 116 0.3% 5 128 133 0.3%9. Fort Walton Beach , FL 8 1,330 1,338 4.0% 39 1,829 1,868 4.5%
10. Grand Isle, LA 3 145 148 0.4% 5 227 232 0.6%11. Gretna/Harvey, LA 33 2,211 2,244 6.6% 45 2,205 2,250 5.5%12. Gulf Shores, AL 17 2,158 2,175 6.4% 62 2,834 2,896 7.0%13. Houma, LA 24 823 847 2.5% 39 1,048 1,087 2.6%14. Lafitte, LA 18 447 465 1.4% 12 520 532 1.3%15. Lake Charles, LA 1 82 83 0.3% 1 85 86 0.2%16. Metairie, LA 10 860 870 2.6% 24 972 996 2.4%17. Mobile, AL 75 8,134 8,209 24.3% 194 8,927 9,121 22.2%18. Naples, FL 26 1,391 1,417 4.2% 37 1,286 1,323 3.2%19. New Orleans – CBD BG, LA 14 349 363 1.1% 16 362 378 0.9%20. New Orleans East, LA 39 2,116 2,155 6.4% 96 2,477 2,573 6.3%21. Panama City Beach, FL 19 2,549 2,568 7.6% 99 3,979 4,078 9.9%22. Pensacola, FL 30 1,659 1,689 5.0% 76 2,105 2,181 5.3%23. Total 483 33,324 33,807 100.0% 1,277 39,870 41,147 100.0%
Page 2 of 6
Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 2 of 6
Chart 3: Number of Claims by Claimant Assistance Center
Notices Issued
Table 4 Claim Type Eligible - Eligible - No Incomplete
DenialTotal Claims
Payable Payment Exclusion Denials
Prior GCCFRelease
Causation Denials
Other Denials
Incomplete Denials
Opt-Outs Withdrawn Closed Issued Notice
1. Seafood Compensation Program 13,152 1,484 442 66 2,406 0 951 4,710 1,164 2,532 2,125 29,032
2. Individual Economic Loss 6,349 1,600 3,612 3,312 2,370 100 2,543 20,195 776 2,030 3,251 46,138
3. Individual Periodic Vendor or Festival Vendor Economic Loss 8 0 51 7 28 0 72 141 3 94 30 434
4. Business Economic Loss 23,660 683 28,067 1,488 837 4,631 3,420 15,985 933 4,883 3,147 87,734
5. Start-Up Business Economic Loss 777 38 1,463 60 53 210 601 1,792 102 220 350 5,666
6. Failed Business Economic Loss 41 28 708 68 130 360 973 1,097 116 141 390 4,052
7. Coastal Real Property 28,157 59 242 10 919 0 5,110 1,548 386 500 2,133 39,064
8. Wetlands Real Property 6,563 11 269 28 87 0 4,255 118 94 200 1,635 13,260
9. Real Property Sales 849 6 35 10 80 35 658 86 20 83 143 2,005
10. Subsistence 14,652 923 7,563 25 1,631 0 690 6,846 246 416 807 33,799
11. VoO Charter Payment 7,057 20 46 16 0 0 603 729 95 69 126 8,761
12. Vessel Physical Damage 813 22 91 5 0 0 148 237 21 44 102 1,483
13. Total 102,078 4,874 42,589 5,095 8,541 5,336 20,024 53,484 3,956 11,212 14,239 271,428
Page 3 of 6
Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 3 of 6
Payment Information
Table 5Claim Type
Eligibility Notices Issued with Payment Offer Accepted Offers Payments Made
Number Amount Number Amount Number Amount Unique Claimants Paid
1. Seafood Compensation Program 13,152 $1,569,647,661 12,001 $1,528,159,255 11,686 $1,504,189,855 4,906
2. Individual Economic Loss 6,349 $77,155,345 6,041 $74,710,213 5,798 $70,517,973 5,798
3. Individual Periodic Vendor or Festival Vendor Economic Loss 8 $77,085 8 $77,085 8 $77,085 8
4. Business Economic Loss 23,660 $3,737,659,105 22,401 $3,547,568,678 20,567 $3,126,562,850 19,250
5. Start-Up Business Economic Loss 777 $135,715,107 731 $129,238,330 702 $118,535,981 670
6. Failed Business Economic Loss 41 $3,322,087 33 $2,916,308 33 $2,916,308 33
7. Coastal Real Property 28,157 $155,906,039 27,665 $153,049,853 27,258 $151,107,023 21,443
8. Wetlands Real Property 6,563 $197,800,212 6,392 $174,392,610 6,260 $173,552,598 1,621
9. Real Property Sales 849 $40,253,821 837 $39,763,610 824 $39,316,778 729
10. Subsistence 14,652 $106,731,567 11,280 $88,668,632 10,439 $82,591,805 10,439
11. VoO Charter Payment 7,057 $281,501,467 7,037 $279,432,469 6,992 $278,312,518 5,322
12. Vessel Physical Damage 813 $12,583,148 813 $12,511,784 781 $12,018,572 729
13. Totals on DWH Releases 102,078 $6,318,352,644 95,239 $6,030,488,828 91,348 $5,559,699,346 66,609
14. Paid As 40% Payments to Claimants with Transition Payments 3,267 $53,462,965 3,267
15. Total Payments: 94,615 $5,613,162,311 69,876
Appeals Received
Table 6 Resolved Appeals
Appeal Status BP Appeals Claimant Appeals Total Appeals
1. Resolved by Panel Decision 2,497 1,382 3,879
2. Resolved by Parties 1,022 91 1,113
3. Withdrawn 401 50 451
4. Administratively Closed 423 67 490
5. Inactive Under Reconsideration/Re-Review 237 0 237
6. Remand to Claims Administrator 187 81 268
7. Return for Review Under Policy 495 1,445 90 1,535
8. Total 6,212 1,761 7,973
Pending Appeals
9. In “Baseball” Process 235 26 261
10. In “Non-Baseball” Process 0 263 263
11. Submitted to Panel 100 29 129
12. Under Discretionary Court Review 121 101 222
13. Total 456 419 875
Grand Total
14. 6,668 2,180 8,848
Page 4 of 6
Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 4 of 6
Chart 4: Registration and Claim Forms Filed by Month
Chart 5: Notices Issued by Month
Chart 6: Payments Made by Month
Chart 7: Appeal Resolutions by Month
Page 5 of 6
Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 5 of 6
Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015
Legend:
1. Form Begun - Includes electronically filed registration or claim forms for the period of time between the moment a claimant or his attorney has initiated the submission of a form and moment they complete that filing by submitting the electronic signature. This definition also includes hard copy registration or claim forms where the DWH Intake Team is in the process of linking the scanned images and has not yet completed the data entry on that form.
2. Form Submitted. Includes electronically file r egistration or claim forms af ter the clai mant or his attorney co mpletes the el ectronic signature and clicks the Sub mit button. T his definition also includes hard copy registration or claim forms where the DWH Intake Team has completed both the linking of scanned images and the data entry on that form.
3. Unique Claimants with Form Submitted - Counts the unique number of claimants with at least one Clai m Form Submitted for each Claim Type. Because claimants may file claims for more than one Claim Type, the sum of all Claim Types will not equal the count of total unique claimants.
4. Filings by Claimant Assistance Center- The
5. Notices Issued – The Seafood Compensation Program row (row 1) of Table 4 includes Seafood Sup plemental Distribution Claims. The count of Notices I ssued in Table 4 counts each unique claim issued a Notice only once. For clai ms issued multiple Notices, this report uses the f ollowing hierarchy when counting the claim: (1) Eligibility Notice if the clai m has been paid; (2) Most recent active Notice if the claim has not been paid; (3) If the claim has been closed it will not be counted as an Eligibility Notice unless the claim has been paid. The count of Notices Issued in Chart 5 counts all Notices Issued and reports claims with multiple Notices once for each Notice issued. Because of this, the totals reported in Table 4 do not match the totals reported in Chart 5.
6. Payment Information - The timing of payment can be affected by a number of factors. Even after the DHECC receives a Release, delay in receipt of a W-9, or in receipt of the Attorney Fee Acknowledgment Form can delay payment. In addition, any alterations or omissions on the Release Form, or an assertion of a th ird-party lien against an award amount, can delay payment. As a result, this report will show a higher number of Accepted Offers than Amounts Paid. The Seafood Compensation Program row (row 1) of Table 5 includes Seafood Supplemental Distribution Claims.
7. Appeals Received - Excludes Appeals closed pursuant to 4/24/13 Court Order.
8. Note: The Claims Ad ministrator continually monitors the status of a ll clai m filings. Through this process, the Claims Administrator may f ind duplicate claims from th e same claimant. In such cases, the Claims Administrator will close th e duplicate claim and only process the remaining valid claim. This report excludes duplicate claims from all counts of claims filed.
Page 6 of 6
Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 6 of 6